En ventre sa mere
Encyclopedia
The French
phrase en ventre sa mere (literally, in the mother's belly) refers to a fetus
in utero
. It is commonly used in legal English
.
A child which is still "en ventre sa mere" is accepted to be a minor
, provided it is subsequently born alive
.
The use of this concept in legal language can be traced to English cases in the nineteenth century. In Occleston v Fullalove (1873-74) L.R. 9 Ch. App. 147, a case heard in the Court of Appeal in Chancery
it was argued for the Appellant that although the child in question was "en ventre sa mère" at the date of the will
subject to the litigation, there was neither principle
nor authority
against such a child having a reputation of paternity
. The Court
allowed the after-born child to share with her sisters under the will.
The concept is used in common law
jurisdictions and has been extended beyond the law of wills and succession
so that claims in the law of torts are also recognised. In the Australian case Watt v. Rama [1972] VR 353 it was deemed that a fetus
is a person entitled, once born, to compensation
as a plaintiff
for injury caused while en ventre sa mère."
Some U.S. cases have removed the requirement that the fetus actually be born. In Amadio v. Levin, 509 Pa. 199 (1985), the Supreme Court of Pennsylvania held that "it makes no difference in liability under the wrongful death and survival statutes whether the child dies of the injuries just prior to or just after birth." In Farley v. Sartin Trucking, 195 W.Va. 671, the Supreme Court of Appeals of West Virginia did away with a requirement that a tortiously killed fetus be viable outside the womb at the time the tort was committed. The deceased unborn child's personal representative may maintain an action pursuant to the state's wrongful death statute, the court held, cautioning that the cause of action does not extend against a woman who has a legal abortion.
In current spoken French
, it would rather be "dans le ventre de sa mère".
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
phrase en ventre sa mere (literally, in the mother's belly) refers to a fetus
Fetus
A fetus is a developing mammal or other viviparous vertebrate after the embryonic stage and before birth.In humans, the fetal stage of prenatal development starts at the beginning of the 11th week in gestational age, which is the 9th week after fertilization.-Etymology and spelling variations:The...
in utero
In utero
In utero is a Latin term literally meaning "in the womb". In biology, the phrase describes the state of an embryo or fetus. In legal contexts, the phrase is used to refer to unborn children. Under common law, unborn children are still considered to exist for property transfer purposes.-See also:*...
. It is commonly used in legal English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
.
A child which is still "en ventre sa mere" is accepted to be a minor
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
, provided it is subsequently born alive
Alive
Alive most commonly refers to Life. It may also refer to:-Publications:* Alive: The Story of the Andes Survivors, a 1974 book by Piers Paul Read which documented the 1972 crash of Uruguayan Air Force Flight 571 in the Andes mountains...
.
The use of this concept in legal language can be traced to English cases in the nineteenth century. In Occleston v Fullalove (1873-74) L.R. 9 Ch. App. 147, a case heard in the Court of Appeal in Chancery
Court of Appeal in Chancery
England’s Court of Appeal in Chancery was created in 1851 to hear appeals of decisions made by the Vice Chancellors and the Master of the Rolls in Chancery Court. The appeals in the court were heard by the Lord Chancellor and two Lords Justices of Appeal. Cases from the Court of Appeal in...
it was argued for the Appellant that although the child in question was "en ventre sa mère" at the date of the will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
subject to the litigation, there was neither principle
Principle
A principle is a law or rule that has to be, or usually is to be followed, or can be desirably followed, or is an inevitable consequence of something, such as the laws observed in nature or the way that a system is constructed...
nor authority
Authority
The word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...
against such a child having a reputation of paternity
Paternity (law)
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...
. The Court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
allowed the after-born child to share with her sisters under the will.
The concept is used in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions and has been extended beyond the law of wills and succession
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
so that claims in the law of torts are also recognised. In the Australian case Watt v. Rama [1972] VR 353 it was deemed that a fetus
Fetus
A fetus is a developing mammal or other viviparous vertebrate after the embryonic stage and before birth.In humans, the fetal stage of prenatal development starts at the beginning of the 11th week in gestational age, which is the 9th week after fertilization.-Etymology and spelling variations:The...
is a person entitled, once born, to compensation
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
as a plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
for injury caused while en ventre sa mère."
Some U.S. cases have removed the requirement that the fetus actually be born. In Amadio v. Levin, 509 Pa. 199 (1985), the Supreme Court of Pennsylvania held that "it makes no difference in liability under the wrongful death and survival statutes whether the child dies of the injuries just prior to or just after birth." In Farley v. Sartin Trucking, 195 W.Va. 671, the Supreme Court of Appeals of West Virginia did away with a requirement that a tortiously killed fetus be viable outside the womb at the time the tort was committed. The deceased unborn child's personal representative may maintain an action pursuant to the state's wrongful death statute, the court held, cautioning that the cause of action does not extend against a woman who has a legal abortion.
In current spoken French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
, it would rather be "dans le ventre de sa mère".